MARYLAND COURT OF APPEALS Criminal Procedure, Voir dire objection: An overruled objection to a “CSI effect” voir dire question, where the nature of the objection was directed to the composition of the jury, was waived when the defense thereafter accepted ...

Tagged with: 4th U.S. Circuit Court of Appeals criminal procedure csi effect law digest maryland maryland court of appeals opinions

Civil Procedure Driver’s Privacy Protection Act BOTTOM LINE: Buyers’ claims under Driver’s Privacy Protection Act of 1994 failed as matter of law, because, where solicitation by lawyers is an accepted and expected element of conduct satisfying DPPA’s litigation exception, such ...

Tagged with: 4th U.S. Circuit Court of Appeals bribery civil procedure criminal law criminal procedure maryland opinions

MARYLAND COURT OF APPEALS Criminal Procedure, Interrogation after invocation of Miranda rights: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. Phillips ...

Tagged with: 4th U.S. Circuit Court of Appeals criminal procedure Disbarment law digest maryland maryland court of appeals

Criminal Procedure Interrogation after invocation of Miranda rights BOTTOM LINE: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. CASE: Phillips v. ...

Tagged with: criminal procedure Disbarment maryland maryland court of appeals Miranda rights opinions professional responsibility

MARYLAND COURT OF SPECIAL APPEALS Criminal Procedure, Competency: Following the dismissal of felony charges because defendants remained incompetent after five years, their re-indictments on the same charges, as well as their continued confinement under criminal commitments based on such re-indictments, ...

Tagged with: Baltimore competency criminal procedure evidence hearsay Labor & Employment law digest maryland maryland court of appeals

Criminal Procedure Competency BOTTOM LINE: Following the dismissal of felony charges because defendants remained incompetent after five years, their re-indictments on the same charges, as well as their continued confinement under criminal commitments based on such re-indictments, violated CP §§3–106 ...

Tagged with: competency criminal procedure evidence hearsay Labor & Employment maryland maryland court of appeals opinions

MARYLAND COURT OF APPEALS Civil Procedure, Motion for new trial: The trial court did not err in denying defendant-physician’s motion for a new trial, where the Court of Appeals’ holding in the case did not substantively change the Maryland common ...

Tagged with: 4th U.S. Circuit Court of Appeals civil procedure criminal procedure discrimination insurance law law digest maryland maryland court of appeals sentencing zoning

Administrative Law Civil commitment BOTTOM LINE: The U.S. District Court did not err in finding that the government failed to prove by clear and convincing evidence that defendant was “a sexually dangerous person,”; the court reasonably found one expert’s opinion ...

Tagged with: 4th U.S. Circuit Court of Appeals administrative law constitutional law criminal procedure immigration law

MARYLAND COURT OF APPEALS Commercial Law, Secondary Mortgage Loan Law: The Secondary Mortgage Loan Law does not restrict a mortgage lender to a single loan origination fee, as long as the aggregate fees charged and collected do not exceed the ...

Tagged with: 4th U.S. Circuit Court of Appeals administrative law commercial law constitutional law criminal procedure law digest maryland maryland court of appeals torts

Criminal Procedure Right to counsel at bail determination BOTTOM LINE: Under Maryland’s Public Defender statute, an indigent defendant has a right to appointed counsel at his or her initial appearance before a judicial officer in order for the judicial officer ...

Tagged with: ballot questions criminal procedure election law maryland maryland court of appeals opinions